Michie's Legal Resources



		(a) In general.- An owner shall mark the location of an underground facility within 18 inches on a horizontal plane on either side of the underground facility if the owner has determined under § 12-109 of this subtitle that a proposed excavation or demolition:



		(1) is within 5 feet of the horizontal plane of the underground facility; or



		(2) because of planned blasting, is in such proximity to an underground facility that the underground facility may be damaged or disturbed.



		(b) Time of marking.- Excluding Saturdays, Sundays, and legal holidays, if an owner cannot complete the marking under subsection (a) of this section within 48 hours after a determination under § 12-109 of this subtitle, the owner shall notify the person of the date and time when the location will be marked.

    (c) Color code.- When marking the location of an underground facility, an owner shall use the following color code:

UTILITY TYPE AND PRODUCT           SPECIFIC GROUP

          IDENTIFYING COLOR

Electric power distribution and           safety red

   transmission

Municipal electric systems           safety red

Gas distribution and transmission           high visibility

          safety yellow

Oil distribution and transmission           high visibility

          safety yellow

Dangerous materials, product lines,           high visibility

   and steam lines           safety yellow

Telephone and telecommunications           safety alert orange

Cable television           safety alert orange

Water systems           safety precaution blue

Sewer lines           safety green.



		(d) Exceptions.- Excluding Saturdays, Sundays, and legal holidays, within 48 hours after receiving notice from a person under § 12-108 of this subtitle, an owner shall notify the person that marking is unnecessary if the owner determines that:



		(1) the owner does not have an underground facility at the location stated in the notice;



		(2) the proposed excavation or demolition is not planned within 5 feet of the horizontal plane of an underground facility; or



		(3) the proposed excavation or demolition to be performed by blasting is not planned in such proximity to an underground facility that the underground facility may be damaged or disturbed.



		(e) Maintenance of designated marker.- After an owner has marked the location of an underground facility in accordance with this section, the person solely is responsible for the maintenance of the designated marker.



		(f) Re-marking.- If a marker is obliterated, destroyed, or removed, an owner shall re-mark the location of the underground facility not more than 48 hours, excluding Saturdays, Sundays, and legal holidays, after receiving a request to re-mark the location.



		(g) Notification.-



		(1) (i) No later than 48 hours after a person notifies the one-call system of proposed excavation or demolition, the owner or person acting on the owner's behalf, after taking all action required by this section to identify the owner's underground facilities in the vicinity of the proposed excavation or demolition, shall notify the owner-contractor information exchange system of whether the location is marked or clear of the owner's underground facilities.



		(ii) Notification under this subsection that the location is clear of the owner's underground facilities constitutes notice by the owner required under subsection (d) of this section.



		(2) The one-call center shall repeat notification to any owner who has failed to respond to the owner-contractor information exchange system within 48 hours after the original notification under paragraph (1) of this section.



		[An. Code 1957, art. 78, § 28A(c)(2)(v)-(vii), (ix), (k); 1998, ch. 8, § 2; 2001, ch. 629.]